VELU TAYI AMMAL Vs. BCHIDAMBARAVELU PILLAI

JUDGEMENT

(1.) The only cases so far as I know. in which a Magistrate is authorized by the Criminal Procedure Code to discharge a person whose conduct is under enquiry before him are those provided for in Secs.209, 253, 259, 119 and 484 of the Code.

(2.) I am not concerned with Section 484, but if might be difficult, I think, to hold that Section 437 is applicable to the case of a person discharged under that section.

(3.) The discharge under Secs.209, 253 and 259 is made before the accused is called on to establish his defence before a Court which is competent to try and determine the case, and in cases in which a charge must be drawn up before any order can be made against the accused or penalty imposed upon him. Section 437 undoubtedly applies to disposals under Secs.253 and 259, arid may be applicable to a disposal under section: 209 also The discharge under Section 119 is a different matter. It may be made after the defence has been fully heard, no charge need be drawn up before the case is disposed of under Section 118, and if the accused (as I call him for convenience) is in custody there is no discharge but an order of release.